Advisory Opinion No. 97-44

Re: Members of the City of Pawtucket Personnel Board

QUESTION PRESENTED

The Pawtucket City Solicitor requests an advisory opinion on behalf of the Petitioners, members of the Pawtucket Personnel Board, municipal appointed positions, as to whether they may participate in the promulgation of rules regarding the discontinuance of a policeman's or firefighter's pension given that they have family members that may be affected by these rules.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioners, members of the Pawtucket Personnel Board ("Board"), municipal appointed positions, may participate in the promulgation of rules regarding the discontinuances of police or firefighter pensions unless a Board member, either individually or through a family or business relationship, would be directly affected by the proposed rules; i.e, the Board member, a family member or a business associate has a current matter pending that could result in the possible discontinuance of the family member's benefits.

The Petitioners advise that three Board members have family members who are or will be able to collect from the pension fund at issue: a cousin, a son, and a father, respectively. In voting to promulgate rules, a Board member will not directly impact a family member who may be able to collect from the pension unless that family member has a matter/condition that could result in the denial or discontinuance of his or her pension. If no matter is pending, there is no reasonable likelihood, absent an intervening event, that the Board member's family member would be affected by the proposed rules. See R.I. Gen. Laws § 36-14-7(b). This opinion is consistent with previous opinions where the Commission has advised public officials that they may participate in general matters and where a family member would not be directly affected by their action.

Code Citations:



36-14-5(a)

36-14-7(a)

36-14-7(b)

36-14-5005

Related Advisory Opinions:



96-15

95-23

95-35

95-52

95-54

95-56

95-63

95-64

95-65

95-69

95-70

95-75

94-41

Keywords:



family: public employment

nepotism

pension benefit